Mirrielees v. Wabash Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Eon. Reuben F. Roy, Judge. (1) The demurrer to the evidence should have been sustained.
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Appeal from Hannibal Court of Common Pleas. — Eon. Reuben F. Roy, Judge. (1) The demurrer to the evidence should have been sustained. Eetter on Carriers of Passengers, secs. 222 and 223; Ray on Passenger Carriers, p. 16; 2 Wood on Railroads, (Ed. 1894), sec. 298, p. 1205; 3 Elliott on Railroads, see. 1255, p. 1961; Thompson on Carriers of Passengers, sec. 3, p. 43; Eailroad v. Thompson, Admr., 107 Ind. 442; Planz v. Eailroad, 157 Mass. 377; Eailroad v. Johnson, 3 Okl. 41; Eailroad v. Beggs, 85 Ills. 80; Eailroad v. Brooks, 81 Ills. 245; Eailroad v. Michie, 83 Ills. 427; Brown v. Eailroad, 64…
1Opinion of the CourtMaeshall, J.
This is an action for damages sustained by the plaintiff on July 29, 1895, while riding on defendant’s freight train, near Clifton Hill. The original petition was in two counts. The first count was predicated upon the relation of passenger and carrier, while the second count simply stated that at the town of Huntsville the plaintiff entered into and upon defendant’s caboose car attached to one of defendant’s freight trains, and which was “provided, intended and used for the transportation of passengers from Huntsville *478to Clifton Hill, for the purpose of being transported thereon from said…
2Cases cited24 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Walker v. OwenSupreme Court of Missouri · 1883
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
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3Cited by30 opinions
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Houston Belt & Terminal Ry. Co. v. VogelCourt of Appeals of Texas · 1915
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Marsala v. MarsalaSupreme Court of Missouri · 1921
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